HF 3650

as introduced - 86th Legislature (2009 - 2010) Posted on 03/11/2010 09:45am

A bill for an act
relating to motor vehicles; granting units of government and peace officers
authority to take into custody and impound vehicles in certain circumstances;
amending Minnesota Statutes 2008, section 168B.04, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 168B.04, subdivision 2, is amended to read:

Subd. 2.

Unauthorized vehicles.

(a) deleted text begin Units deleted text end new text begin A unit new text end of government deleted text begin and deleted text end new text begin or a new text end peace
deleted text begin officers deleted text end new text begin officer new text end may take into custody and impound any unauthorized vehicle under section
169.041.

(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:

(1) in a public location not governed by section 169.041:

(i) on a highway and properly tagged by a peace officer, four hours;

(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately;

(iii) located so as to constitute an accident or traffic hazard to the traveling public
within the Department of Transportation's eight-county metropolitan district, as determined
by an authorized employee of the department's freeway service patrol, immediately; or

(iv) that is a parking facility or other public property owned or controlled by a unit
of government, properly posted, four hours; or

(2) on private property:

(i) that is single-family or duplex residential property, immediately;

(ii) that is private, nonresidential property, properly posted, immediately;

(iii) that is private, nonresidential property, not posted, 24 hours;

(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or

(v) that is any residential property, properly posted, immediately.

new text begin (c) A unit of government or a peace officer may take into custody and impound any
vehicle under any of the following circumstances:
new text end

new text begin (1) the driver of the vehicle was arrested or taken into custody, whether or not for a
driving offense; or
new text end

new text begin (2) the driver of the vehicle was issued a citation for operating a motor vehicle:
new text end

new text begin (i) without a valid driver's license;
new text end

new text begin (ii) in violation of chapter 169A or an ordinance in conformity with it; or
new text end

new text begin (iii) carelessly or recklessly in violation of section 169.13.
new text end